Loading...
HomeMy Public PortalAbout008-2016 - Fire - Seban - EMT TrainingAGREEMENT FOR INSTRUCTION SERVICES This Agreement is entered into this V-11 day of `/ChU ` , 2016, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Edward E. Seban (hereafter "Seban"). WITNESSETH: WHEREAS, The City and Richmond Fire Department have the need, in addition to services provided by the Richmond Fire Department, to retain specialized instruction services and assistance to said Fire Department, in connection with training and classroom instruction to civilians for Emergency Medical Technician ("EMT") and Paramedic training; and WHEREAS, The parties believe that Seban can provide the necessary services to the Richmond Fire Department as requested and authorized by its Chief, and WHEREAS, The City, through its Board of Public Works, desires to enter into a contract for the purchase of instruction services from Seban as set forth below. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the parties agree as follows: A. TERM OF AGREEMENT This Agreement shall be for a period beginning January 1, 2016, and ending December 31, 2016. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen (14) days prior written notice. The City shall retain two (2) options to renew, upon the same terms and conditions, for the 2017 and 2018 calendar years. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of Seban to fulfill in a timely manner his obligations under this Agreement; Contract No. 8-2016 b. submission of a report, other work product, or advice, whether oral or written, by Seban to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or Seban, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. B. COMPENSATION 1. In consideration for the services to be provided herein, Seban shall be paid the sum of Twenty-five Dollars and Zero Cents ($25.00) per hour of actual teaching class time. In the event this Agreement is terminated by either party prior to December 31, 2016, as provided herein, this sum shall be pro -rated to the date of termination. All invoices for services hereunder shall be submitted by Seban in the name of Seban, and reported for state and federal tax reporting purposes under the federal tax identification number of Seban. C. DUTIES OF ENGAGEMENT 1. Seban shall serve as an instructor for the Richmond Fire Department for the City. In such capacity, Seban shall report to Fire Chief Jerry Purcell. The duties of Seban shall include, but not be limited to, providing specialized instruction services for courses in connection with training and classroom instruction to civilians for Emergency Medical Technician (EMT) and Paramedic training for the Richmond Fire Department. 2. The above -described specialized instruction and training courses provided to civilians shall be credited through Ivy Tech Community College and Seban shall maintain all certifications and/or license requirements necessary to provide adequate instruction for the civilians participating in said courses. Page 2 of 5 D OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide Seban the following support services and facilities to better enable Seban to provide the services contemplated by this Agreement: a) Classroom instruction space for use at the Richmond Fire Department; b) Computer, e-mail access, word processing software (Microsoft Word 95 or a more recent version), telephone, facsimile service and the usual and customary office equipment and supplies of comparable quality as those other offices housed in said City Building as requested; c) Use and support of a secretary for the Richmond Fire Department. d) Use of a City vehicle when specifically authorized. E. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Seban or any person acting on behalf of Seban shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. F. INDEMNIFICATION AND INSURANCE Seban agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from Seban's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering Seban liable for acts of the City, its officers, agents, or employees. Seban shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from Seban's operations under this Agreement, whether such operations by Seban or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts Seban may be held responsible. Coverage Limits 1. Worker's Compensation & Statutory Disability Requirements 2. Employer's Liability $100,000 Page 3 of 5 G In 3. Comprehensive General Liability Section (a). Bodily Injury Section (b). Property Damage 4. Comprehensive Auto Liability Section (a). Bodily Injury Section (b). Property Damage 5. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 each aggregate COMPLIANCE WITH 1NDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Seban is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program (if applicable). Seban is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Seban shall provide to the City his signed Affidavit affirming that Seban is not an unauthorized alien and/or does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Seban violates IC 22-5-1.7 Seban shall be required to remedy the violation not later than thirty (30) days after the City notifies Seban of the violation. If Seban fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Seban to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. IRAN INVESTMENT Pursuant to Indiana Code (IC) 5-22-16.5, Seban certifies that he is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Seban in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Seban fails to demonstrate to the City that Seban has ceased investment activities in Iran within ninety (90) days after the written notice is given to Seban, the City may proceed with any Page 4 of 5 remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Seban in the manner set forth in IC 5-22-16.5, the City reserves the right to consider Seban to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. In Witness Whereof, the parties execute this agreement as of the date first set forth above. "CITY" City of Richmond, Indiana, through its Board of Public Works & Safety ' ' A4�e� By �" Vicki Robinson, President Approved by the Mayor this Z' \ day of v , 2016. Snow, ayo "SEBAN" 335 Henley Road Richmond, IN 47374 By Edward If. . Seban Page 5 of 5 qC SEBAN-1 OP ID: LS �.� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD4ER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the Polir;y(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HARRINGTON-HOCH, INC 1126 EAST MAIN STREET RICHMOND, IN 47374 Debbie Robinson INSURED Ed Seban 335 Henley Richmond, IN 47374 Debbie Robinson ti: 765-962-9502 A: Indiana Insurance B: C: D: .com 765-962-9506 NAIC # INSURER F OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R R I TYPE OF INSURANCE L B POLICY EFF=0212,412017 WV POLICY NUMBER MM/DD/Y LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a I EACH OCCURRENCE I $ 1,000,0 OCCUR INDS7156509 02/24/2016 I I I IND57156509 I 02/24/2016 I PREMISES Ea occurrence MED EXP (Any one person) $ $ J GEN'L AGGREGATE LIMIT APPLIES PER: _ POLICY �_� E 0 LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS F X 1 HIREDAUTOS X NON -OWNED AUTOS 1 PERSONAL & ADV INJURY 1 $I GENERAL AGGREGATE S 2 PRODUCTS - COMP/OPAGG $ 2 ; $ 02/24/201T COMBINED SINGLE LIMIT (Ea amidentl $ 1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per axi lent) $ +UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE N / A I ( I I is I If ( I EACH OCCURRENCE $ DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below AGGREGATE $ $ TER I H STATUTE E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I ��- $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) PROOF-1 Proof of Insurance 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Debbie Robinson I ACORD 25 2014/01 ©1988-2014 ACORD CORPORATION. All rights reserved. ( ) The ACORD name and logo are registered marks of ACORD Received By: HARRINGTON-HOCH, INC 1126 EAST MAIN STREET RICHMOND, IN 47374 Received From: Ed Seban 335 Henley Richmond, IN 47374 RECEIPT FOR PAYMENT ACCOUNT NO. DATE SEBAN-1 02/24/2016 General Liability POLICY NO. EFFECTIVE 02/10/2016 COMPANY PRODUCER Debbie Robinson AMOUNT RECEIVED: $466.00 EXPIRATION 02/10/2017 This is to certify that we received payment, in the amount of $466.00, from the above listed customer. Uploaded Cash to Liberty Mutual for $466. This will sweep HH Acct. This is new business Stacy Brown